Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1887-03-22


Constitution of the State and from
each, such matter is excluded
Neither is full Legislature, both de-
MED the right to act ON the premises.
If the commission were to expire or
he cut short or Lucas removed from
Office at either of the subsequent
events, either body is denied the right
to fill it and it only could be refiHed
nv the appointnent of the Governor
till the next pIenary meeting OF the
State Legislature. There Is no dtie
comfy or good sense in vacating the
seat before the State can fill it. 10
presume that the u. S. Constitution
against the will of State intended
to invest with a power certain men
assembled for limited and specified
nurpose. and whom the State has
shorn of the power in a most explicit
manner. when the office is already
filed till the next plenary meeting OF
the Legislature and thatnext meeting
is explicitly provided for by the State
Constitution, seems. to me to presume
an unnecessary, il not tyranical power
and force in the Federal Constitution
defeating the States in the vital ques-
ton of free representation, at which
the fathers OF the republic would
have stood aghast. can't see how
any clear and candid mind can en-
brace such q conclusion.
All law. Constitutions, Statutes,
and legal documents are subject to
the same just, universal and sensible
rules of Construction that the wisdom
of the world for ages has sanctioned,
they are well known and it is use
less to cite them here.
A case of this kind L have heard OF,
but not having seen it l cannot vouch
for it. The Legislature Of . State
failed to fill vacancy in the U. 5.
Senate before its term OF session eK-
PRED aud the Governor OF the State
filed the vacancy by appointment as
in our instance; the Governor for
some purpose found it necessary to
recall the Legislature and this called
session failed to elect, and the ques-
ton arose whether or not the term OF
the appointee ended at this called
meeting and the Senate decided that
the appointee held over till the regu-
lar and stated meeting of the State
Legislature. AS said before have
not seen this case and will make no
comments on it, it scarcely needs any.
| There are familiar cases in Virginia
and this State which 1 will allnde to.
In pursuance of the Article of the U.
S. Constitution which secures to q
prisoner for crime n speedy trial by
| Jury and the statutes Of both States
provide in different acts, 1st. Ii such
prisoner (witl,out fault of his own
be not indicted for the offence before
the end of the second term OF the
Court after his committal he shall be
discharged from the offence. End. LII
a prisoner be not tried before the end
of the third term after being indicted
(without fault of his own) he shall
likewise be discharged. Now it is
we'll settled in both States, that the
terms of Court alluded to by these
States, are the regular and stated
terms or meetings of the Court, are
the only ones referred to, and that a
dozen special terms intervening with
out especial power to try the case will
not entitle the prisoner to a discharge.
And this too in criminal-eases, when
all doubts and Prescriptions are,' by
the rule of construction, in the favor
of the criminal. Why not then here
will not the U. S. Senate decide with
great confidence of being right, that a
special meeting of State Legislature
with restricted power is not the one
contemplated in the Constitution OF
the U. S. bearing on the question:
Can it decide the question otherwise
than in the negative?
1t seems to me therefore the va
cancy in the seat of Mr.. Camden hay
ing occurred in the recess of the Leg
islature and Governor Wilson having
appointed d. B. Lucas to fill it, he
must hold his seat till the 2nd
Wednesday in January, 1889, at least.
Why should the U. S. Senate be eX-
pectcd to do an unnecessary violence
to the expressed will of the State or
her constitution. A. p. WHITE.